Hi Joel:
Unfortunately, the new law does not allow anyone, builder or homeowner, to exclude any portion of the warranty by contract or other agreement. This was done to protect future homeowners from prior exclusions in the event the new owner buys the home while still under warranty. I can send the complete text of the law to anyone interested.
All of my complaining did generate a modification though it was more restrictive. Any check equal to or greater than 1/2" at any point along the beam or post would be considered a major structural problem and would require the builder to replace the beam or post. This just isn't any good!